I need to obtain testimentary letters from the State of California appointing me executor of my uncles estate. How do I go about doing this as I am in England. Anyone esle had experience of this kind of thing what would you advise. I have completed all other relevant documentaion this is the final part for closure.
2006-09-08 07:26:00 · 5 answers · asked by jlb 5 in Politics & Government ➔ Law & Ethics
I am also the beneficiary of his estate, the estate being a pension fund. but he did not leave a will and I am next of kin.
2006-09-08 08:06:46 · update #1
First, you do not say whether your uncle was a resident of CA or the UK. So we do not know whether you are seeking a domestic (if he lived in CA) or ancillary (if he lived in te UK & there is an existing UK estate) administration. In either event you will need an attorney in the California locale where his property was located to handle the CA estate. It is not a particular problem in the age of e-mail & FedEx for you to be executor or ancillary executor, if you are otherwise legally qualified to be so, other than the distance & need to get things notarized. I've handled several such cases & they are no more difficult than handling any other estate with an out of town executor. One potential problem depends upon the size & complexity of the estate; the need to get a US tax ID number and possibly a tax withholding exemption certificate if there is non-residential real property to be sold. If you have a UK solicitor, they can find a CA attorney who can handle it. If not, you can perhaps seek a referral from someone you know in CA or log onto one of the two major sites that list attorneys in the US: www.MartindaleHubbell.com or www.Westgroup.com (spelling may be off a bit --do a Yahoo search if needed)
2006-09-08 08:55:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Contact the probate court clerk where your uncle's estate is being handled and ask them how to get finalized as the executor. Have all the documentation in front of you before you get on the phone, and that will help tremendously.
You'll get an answer or be sent to the right department from there, they are very helpful. 9 hours behind you in time, so you get to be on the phone at 10 at night, other than that all good.. :) Good luck!
2006-09-08 14:37:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The California Probate court will appoint an executor, either following the instructions in the will, or based on probate laws.
If your uncle's property is in California, then most likely the court will appoint someone locally to be the executor. Remember that the executor is not the heir -- just the person who handles the paperwork.
If you need to appear before the probate court in California, then you need to either go there, or get an attorney in California to represent you.
2006-09-08 14:28:08 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
i think the best place to start is with the Citizens Advice Bureaux. they'll be able to point you in the right direction to sort this out
2006-09-08 14:39:47 · answer #4 · answered by Rich 2 · 0⤊ 0⤋
hmmmmmm......!!
2006-09-08 14:33:23 · answer #5 · answered by Anonymous · 0⤊ 1⤋